Vietnam Briefing explains the process of how and where to apply for a criminal record check certificate in Vietnam, which is officially called a Judicial Record Card.
Foreigners working in Vietnam are required to obtain a work permit to legally work in the country. Failure to do can result in hefty fines for both the employer and the employee as well as deportation of the foreign national from Vietnam.
Vietnam’s work permit procedures can be confusing for foreign employees. One of the aspects when applying for a work permit is the criminal record check or police clearance certificate (Phieu Ly lich tu phap), officially called the Judicial Record Card.
Scope and procedure of the criminal record check process
A criminal record check is granted for Vietnamese as well as foreigners who have lived in Vietnam or are currently living in Vietnam. Criminal record checks are issued by the provincial Department of Justice where the applicant resides and to prove if the applicant has a criminal record or is not allowed to hold certain job posts.
Foreigners currently living in Vietnam must apply to their provincial Department of Justice.
For example, foreigners living in HCM City will apply to the HCM Department of Justice at: 141-143 Pasteur, Ward 6, District 3, HCM City.
Those living in Hanoi will apply to the Ha Noi Department of Justice at: No. 221 Tran Phu, Van Quan ward, Ha Dong district, Hanoi.
For foreigners who have lived in Vietnam, they may apply at the National Center for Judicial Records: 6th Floor, Toa Nha Hanh Chinh, No. 09 Tran Vi Street, Mai Dich Ward, Cau Giay District, Hanoi City.
This criminal record check certificate / Judicial Record Card may also be used for other countries if the individual has lived in Vietnam for six months or more.
As per Vietnamese laws, there are two types of criminal records. For work permits, applicants will be required to obtain criminal record form no. 1 / police clearance certificate no.1 per article 41(a)1 on Judicial records.
What documents are required?
The documents vary, depending on the method of application.
Applicants are required to prepare the following documents for submission per Article 45:
- Application form 03/2013/TT-LTP for a self-application or form 04/2013/TT-LTP in case someone is applying on the individual’s behalf.
- Notarized copy of the passport (all pages which include the entry visa stamp, visa, or visa exemption certificate.
- Notarized copy of the temporary resident card for the applicant that is renewing their work permit.
- Notarized copy of the temporary residence registration certificate (đơn xin xác nhận tạm trú) in Vietnam. This needs to be obtained from your landlord in Vietnam or building management authority, which is a stamp by the local police stating you reside at the address. A copy of your passport and visa is required for this certificate as well.
- For direct application: notarized copy or photocopy (black & white) is acceptable, and it should be noted that the authority will require the original temporary residence card (TRC) and passport at the time of submission for comparison.
Manner of application | Direct application | Authorized application | Online application | Application through post |
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Individuals can then submit to the Department of Justice physically or by post in the area where they live. The payment can be done directly to the Department of Justice or using the postal service.
After finishing the process, the individual will be issued an appointment paper. If this is done via post then the postal service will inform the applicant of the date when the documents will be collected; the fees will also be collected at this time.
Timeframe and costs
Typically, the criminal record check takes 15-20 days once the documents and payments are submitted, but applicants should allow ample time for processing. The fees are VND 200,000 (US$8.7)
Dezan Shira & Associates’ Ho Chi Minh City office advises foreign employees to ensure they comply with work permit regulations in Vietnam and complete the criminal check record process with ample preparatory time to factor for any delays in legalizing documents and submission.
With inputs from Nhi Nguyen and Anh Pham Ngoc.
(This article was last updated April 12, 2024.)
